Are there any requirements for a foreigner to file a patent application in China?
Yes. According to Article 18 & 19 of the Chinese Patent Law, where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under the Chinese Patent Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity. Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, or has other patent matters to attend to, in China, it/he shall appoint a patent agency designated by the State Intellectual Property Office of the PRC to act as its/his agent.
